MAHENDRA KUMAR PUJARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ application has been filed with a prayer for quashing order No.24977/CDA/dated 28.11.2008 (Annexure-2) passed by opposite party No.2-Secretary, Cuttack Development Authority wherein petitioner no.1-Mahendra Kumar Pujari has been intimated that his request for 3 rd party transfer of Plot No. C/1167 under 'C' Category will be considered subject to payment of Rs.3,38,354/-, Rs.15,000/- and Rs.5,760/- towards Administration & Processing fees, building charges and service charges from 1996 to 2007 respectively. Alternatively the petitioners have prayed for reducing the above charges by taking into consideration the rates prevailing as on 01.02.2005 i.e. the date on which the transferor made application for transfer of the said plot in favour of petitioner no.2-Rukmini Satapathy within a specified time.

(2.) Petitioners' case is that petitioner no.1 was allotted with Plot No.C-1167 under 'C' category in Sector 6 of Bidanasi Project Area. After taking possession, the petitioners constructed a two storied building thereon. Since petitioner no.1 was badly in need of money, he acceded to the request of petitioner no.2 for transfer of the said plot with building thereon. According to petitioner no.1, on 01.02.2005 he submitted an application along with all the requisite documents for transfer of the said plot in favour of petitioner no.2-Smt. Rukmini Satapathy in the office of opposite party no.2-Secretary, Cuttack Development Authority. Thereafter petitioner no.1 sent a reminder on 10.10.2006 with a request to take early decision in the matter. By notice dated 30.06.2006 petitioner no.1 was directed to remove deviation portion from roof projection of the building. According to petitioner No.1, that is a fresh allegation and the same was not taken note of in the earlier order passed on 15.09.1999 in U.C. No. 31 of 1998. The order dated 15.09.1999 directing payment of compounding amount fixed therein was complied with on 27.09.1999. In response to the notice dated 30.6.2006, petitioner No.1 intimated the Cuttack Development Authority (for short, 'C.D.A.') that the allegation made is misconceived and illegal. However, on receiving the order on 27.03.2008 fixing the second compounding amount, petitioner no.1 paid the same on the next date i.e. 28.03.2008. Thereafter by notice dated 11.06.2008, petitioner no.1 was directed to appear along with the prospective transferee for verification of the signature andestablish his identity along with the documents mentioned in the said letter. Petitioner no.2 also in the said letter was requested to submit an undertaking in the form of affidavit to take the liability of the building. Again petitioner no.1 received notice dated 22.7.2008 to appear on 11.8.2008 for hearing of U.C. Case No.31 of 1998. After repeated requests, the C.D.A. vide their order No.19751 dated 09.09.2008 intimated petitioner no.1 that his proposal for third party transfer would be considered subject to deposit of Rs.3,93,435/- i.e. 50% of unearned increase towards administration and processing fees Rs.5,760/- and Rs.15,000/- towards service charges and building charges from 1996 to 2007 respectively, besides the ground rent of Rs.720/- up to 2009.

(3.) Being dissatisfied with the order dated 09.09.2008, petitioner No.1 preferred an appeal before the Commissioner-cum-Secretary, Urban Development Department, Government of Orissa praying for down ward revision of fees assessed on different heads. The Vice-Chairman, C.D.A. heard the matter and while reducing the administration and processing fees to Rs.3,38,354/-, he kept other fees in tact. Thereafter, opposite party no.2 issued the impugned order vide Annexure-2. Hence, the present writ petition.